What happens if the tribunal changes the original decision?
If the SSCSA Tribunal changes the decision that was appealed against, the case will be returned to us with their decision. The tribunal service will tell us about their decision within 19 weeks from the date we send the appeal submission to them. This will include directions (or instructions) on what to do to put the decision right. If we have to work out the child maintenance again, this will take an average of one week after we receive the decision from the tribunal service and we have all the information we need.
It is important to know that the new decision may mean that the amount of child maintenance changes and so payments will be either higher or lower.
If the SSCSA Tribunal decides to reduce or increase a child maintenance payment, revised payments will start from the same date that the decision was made that was appealed against.
However, if the payment date is wrong, or there are still mistakes from earlier decisions, the date the revised payments would start from could change. We will let both parents know about changes to the payments of child maintenance.
The SSCSA Tribunal's decision may include telling us to ask for more information from a parent or the other people connected to the appeal. If we ask for more information, it must be given within the time set by us or the SSCSA Tribunal.
If a parent thinks that the new calculation is wrong, they may be able to go back to the chairperson of the SSCSA Tribunal who made the decision in the appeal.
What happens if the tribunal decides the original decision was correct?
If the SSCSA Tribunal decides the original decision was correct, that decision will stand.
If the person who appealed disagrees with the tribunal's decision, what can they do?
If the person who appealed disagrees with the SSCSA Tribunal's decision, they can appeal to the Child Support Commissioner. The Child Support Commissioner is an independent body outside the CSA. It has the authority to overturn the SSCSA Tribunal's decision - but only if it is wrong in law.
If the tribunal's decision was legally correct, its decision cannot be changed. However, if documents were not sent to someone involved in the appeal, or someone who should have been at the oral hearing was not there, the tribunal chairperson can be asked to set aside the tribunal's decision. This basically means that the decision is overruled, but if the tribunal followed procedures properly, their decision cannot be changed.
Asking for a tribunal decision to be set aside
Anyone connected to the appeal can ask for the SSCSA Tribunal's decision to be set aside. If a decision is set aside, the new appeal will be heard by another SSCSA Tribunal.
A legally qualified panel member can set a tribunal decision aside if it appears right to do so for the following reasons.
A document was not sent to:
- The person who appealed, or their representative
- any other person included in the appeal or their representative
- the SSCSA Tribunal.
A person connected with the appeal (or their representative) was not at the oral hearing.
There is a one month time limit to apply for a decision made by a SSCSA Tribunal to be set aside.
The month starts on the date that the SSCSA Tribunal's decision or a statement of reasons for the tribunal's decision was given or sent. Any application for a SSCSA Tribunal's decision to be set aside is sent to everyone involved in the appeal so they can comment on it. Those people connected to the appeal are also all told about the outcome of the application.
Appealing to the Child Support Commissioner
There is a right to appeal against a tribunal's decision to a Child Support Commissioner, but only on a point of law. A Child Support Commissioner can only overturn a tribunal's decision if it is wrong in law.
Before appealing to a Commissioner an application must be made to the tribunal for a statement of reasons for their decision. If, having considered the statement of reasons, the person who made the appeal still wants to appeal to a Commissioner, they must have permission from the SSCSA Tribunal. The letter from the SSCSA Tribunal telling their decision will also tell how to apply for permission to appeal and how much time there is to do this. The tribunal may also decide to set aside the decision of the original tribunal. They may direct it to be heard by a new tribunal, rather than refer it to the Child Support Commissioner.
If the SSCSA Tribunal refuses permission, the Child Support Commissioner can still be asked directly for permission to appeal.
If the Child Support Commissioner decides the SSCSA Tribunal's decision is wrong in law, the Commissioner will usually:
- give the decision the Commissioner thinks that the SSCSA Tribunal should have made, or
- refer the case to a different SSCSA Tribunal and tell them how to deal with it
- Appeals Unit contacts
If the SSCSA Tribunal followed procedures properly and is legally correct, its decision cannot be changed.
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Related information
Other websites
- How to Appeal - A guide from the Tribunals Service designed to help you understand the appeals procedure
